USPTO Rejects MLB’s Attempt to Trademark ‘Play Ball’
Major League Baseball has struck out in its attempt to secure federal trademark rights to one of the sport’s most recognizable phrases.
The USPTO has refused MLB’s application to register ‘Play Ball’ as a trademark for clothing.
In its refusal, the USPTO’s examiner found that the phrase is so widely used that consumers would not view it as identifying a single commercial source for a clothing brand.
Under U.S. trademark law, terms and phrases that are commonly used by the public generally cannot function as trademarks because consumers do not associate them with a single company.
In refusing the application, the USPTO cited extensive evidence showing that ‘play ball’ is a familiar expression used in everyday language, particularly to signal the start of a baseball game or, more broadly, the beginning of an activity. Because consumers routinely encounter the phrase from numerous sources, the agency concluded they would not perceive it as identifying MLB as the source of clothing sold under the name.
The refusal does not necessarily end MLB’s pursuit of the mark. The league can respond to the office action and attempt to persuade the USPTO that the phrase can function as a trademark in the marketplace.
The decision also highlights a broader principle of trademark law: a common phrase in an industry can not be owned by a single company.
Recently, Taco Bell deployed a similar trademark theory when it successfully canceled two trademark registrations for ‘Taco Tuesday,’ arguing the phrase should be free for anyone in the food industry to use.
That distinction is especially notable in this case because Major League Baseball has long been known as an aggressive enforcer of its intellectual property rights. Had the league secured a federal registration for ‘Play Ball’ for clothing, it could have gained a significant weapon to challenge other businesses using the phrase on apparel.
By refusing the application, the USPTO has ensured ‘Play Ball’ is a phrase that can be used by anyone in the clothing space.
Josh Gerben, Esq.
Josh Gerben, Esq. is a nationally recognized trademark attorney and the founder of Gerben IP. Since launching the firm in 2008, he has overseen the registration of over 10,000 trademarks and handled over 1,500 trademark disputes. Josh's practice focuses on building and defending global trademark portfolios for clients. These clients include entrepreneurs, private equity-backed businesses, athletes, celebrities, and public companies. Frequently quoted by major media outlets like CNBC, CNN, The New York Times, and The Wall Street Journal, Josh is widely regarded as a leading authority in trademark law.
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